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IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Pandaba Patra – Appellant
Versus
State Of Orissa – Respondent
| Table of Content |
|---|
| 1. background details of the legal proceeding (Para 1 , 2) |
| 2. deferral of charges based on procedural arguments (Para 3) |
| 3. counterarguments by the state on the maintainability of the case (Para 4 , 5 , 6) |
| 4. court's rationale for not quashing the proceedings (Para 9 , 10) |
| 5. conclusion of the crlmc and further proceedings permitted (Para 11) |
JUDGMENT :
Dates of hearing and Judgment : 06.02.2026 Savitri Ratho, J. This CRLMC has been filed with a prayer to quash the criminal proceeding pending in the Court of learned SDJM, Sadar, Sambalpur in GR Case No.3769 of 2019 which arises out of Burla P.S. Case No.484 of 2019 and order dated 24.08.2023 passed by the learned JMFC (I) (C.T.), Sambalpur.
2. The Petitioner is facing trial in a case where charge-sheet dated 10.06.2020 has been submitted against him for commission the offences punishable under Sections 500/507/294 of the Indian Penal Code (in short, the IPC). Cognizance of the offences had been taken by the learned SDJM, Sambalpur by order dated 02.11.2020. This order had been challenged by the Petitioner in CRLMC No.1691 of 2020 in this Court and the same had been disposed of on 02.05.2023 permitting the Petitioner to rai
The court held that once charges are framed and witnesses have been examined, a plea for quashing proceedings is untenable, regardless of previous exoneration in departmental matters.
A Magistrate can direct the registration of a non-cognizable case under Section 155(2) Cr.P.C., and the procedure followed for investigating defamation complaints is valid despite the restrictions of....
In cases of criminal defamation, the magistrate cannot direct the police to register a crime and investigate the offense under Section 500 of the IPC, as established by the judgments of the Apex Cour....
investigation of a non-cognizable offence by the police without the permission of the competent Magistrate is illegal, subsequent permission granted cannot cure the illegality as police officer has n....
The court emphasized the importance of following the legal provisions for FIR registration and investigation, and highlighted the need to prevent abuse of the process of court and secure the ends of ....
FIR impermissible for defamation without aggrieved person's complaint; political statement calling family 'born looters' lacks mens rea for promoting enmity, provocation for breach of peace, or incit....
An FIR for defamation under IPC Section 500 is not maintainable unless filed by the aggrieved party, as clarified by pertinent Supreme Court rulings.
Cognizance of offences under Sections 172 to 188 IPC requires a written complaint from the concerned public servant, as per Section 195 Cr.P.C., rendering proceedings without such complaint void.
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